Summary
Applicant, a 58-year-old naturalized U.S. citizen with a doctorate in nuclear engineering, successfully mitigated security concerns under Guidelines B (Foreign Influence) and C (Foreign Preference) related to his previous Israeli citizenship and his wife's dual citizenship. He surrendered his Israeli passport and expressed a willingness to renounce his former citizenship, demonstrating total allegiance to the United States. Clearance is granted.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's wife is a dual citizen of the U.S. and Argentina, and has extended family in Argentina and Israel (2.a). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Military service or a willingness to bear arms for a foreign country (1.c). Accepting educational, medical, or other benefits, such as retirement and social welfare, from a foreign country (1.d).
The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2, E2.A3.1.2.3, E2.A3.1.2.4, E2.A3.1.2.5, E2.A2.1.2.1, E2.A2.1.2.2. The judge applied mitigating conditions E2.A3.1.3.2, E2.A3.1.3.4, E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: Applicant surrendered his Israeli passport, demonstrating a commitment to renounce foreign citizenship; He expressed a willingness to bear arms for the United States against any foreign country; Applicant has held a security clearance since 1991 with no security issues.
Why the Applicant Prevailed
- Applicant surrendered his Israeli passport, demonstrating a commitment to renounce foreign citizenship.
- He expressed a willingness to bear arms for the United States against any foreign country.
- Applicant has held a security clearance since 1991 with no security issues.
Conditions Referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
- E2.A3.1.2.4raisedAccepting Educational, Medical, or Other Benefits From a Foreign Country
- E2.A3.1.2.5raisedResidence in a Foreign Country to Meet Citizenship Requirements
- E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen Of, or Resident In, a Foreign Country
- E2.A2.1.2.2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power
- E2.A2.1.3.3appliedContacts and Correspondence with Foreign Citizens Are Casual and Infrequent
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedJul 28, 2005
- Answer filedSep 2, 2005
- Hearing heldDec 7, 2005rescheduled from December 8, 2005
- Decision dateJan 12, 2006
Cite For
- Mitigation of Foreign Preference Concerns Through Renunciation of Foreign Citizenship
- Consideration of Family Ties in Foreign Influence Cases
- Impact of Long-term U.S. Residency on Security Clearance Decisions